Krishnadeo Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4639 of 2019 Arising Out of PS. Case No.-83 Year-2018 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== 1.

Krishnadeo Paswan son of Bhukhal Paswan Resident of Village - Raima, PS - Bhairab Asthan, District- Madhubani.

2.

Ajeet Kr. Paswan @ Bilya son of Ramdular Paswan Resident of Village - Raima, PS - Bhairab Asthan, District - Madhubani. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Sections 376DA/354(c), 324, 506/34 of the Indian Penal Code as well as 4/8/12 of POCSO Act and 66 of the I.T. Act. Allegation is that the petitioners committed rape upon the victim.

It has been submitted on behalf of the petitioners that the petitioner No.1 is in custody since 27.07.2018 and petitioner No.2 is in custody since 09.08.2018 and have got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.4639 of 2019(4) dt.22-04-2019 2/2 petitioners. The alleged occurrence is said to be 20.07.2018. F.I.R. was instituted on 27.08.2018. Delay has not been explained on the part of the prosecution. As per the medical report, no specific finding is in respect of commission of rape. The petitioners have falsely been implicated in the present case due to previous enmity.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (POCSO)-cum-Additional Sessions Judge 1st, Madhubani in connection with Bhairab Ashtan P.S. case No.83 of 2018. (Sudhir Singh, J) Narendra/- U T